Victoria’s Secret Faces $37M Unpaid Overtime Class Action Lawsuit

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California resident Mayra Casas, a former Victoria’s Secret sales clerk, has filed a wage and hour class action lawsuit against the popular retailer for allegedly scheduling employees for work hours only for those individuals to arrive at the store location and discover that these “call-in” shifts were revoked or cancelled.

The proposed $37 million wage and hour class action lawsuit alleges that Victoria’s Secret has violated several Fair Labor Standards Act statutes and California Labor Laws by failing to pay employee’s reported working time on regular scheduled shifts, “call-in” shifts, and by committing unfair business practices, such as locking employees in the store against their will.

According to the Victoria’s Secret unpaid overtime class action lawsuit, “employees who work a closing shift routinely find themselves locked in the store at the end of daily operational hours and must await a manager to permit them to leave the store. Because this occurs after the employees have clocked out for the day, they are not compensated for the time spent under their employer’s control[.]”

Casas similarly alleges in her wage and hour lawsuit that employees scheduled for morning shifts are forced to wait outside the store until the manager opens the doors and allows them to clock in for the day.

Casas seeks to represent herself and a Class of individuals that would include: “All individuals employed by Defendants, at Victoria’s Secret Stores in California, during the Class Period, who Defendants classified as “non-exempt” from overtime pay.”

Although Casas originally filed this unpaid overtime class action lawsuit in California’s Superior Court, it has since been moved to the state’s federal court since the proposed class action lawsuit estimated damages exceeding $5 million.

Legal representatives for Victoria’s Secret have not responded for requests to comment on this unpaid overtime class action lawsuit.

The Victoria’s Secret Unpaid Overtime Class Action Lawsuit is Mayra Casas v. Victoria’s Secret Stores LLC, Case No 2:14-cv-06412, in the U.S. District Court for the Central District of California.

California Labor Laws

The Fair Labor Standards Act (FLSA) and California Labor Laws were established by national and state governments to ensure employees receive fair wages and are properly compensated for their hours worked. These labor laws were also put in place to protect workers from potential danger, exploitation, and abuse by employers.

According to the U.S. Department of Labor website, “Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.”

California Labor Laws take an additional step to ensure employee overtime wages by mandating that if an employee works 12 or more hours beyond the typical 40-hour workweek, then the employer must pay double the hourly amount for every overtime hour worked by the non-exempt employee.

Victoria’s Secret is not the only business facing wage and hour lawsuits for  labor code violations concerning meal and rest breaks, wage and hour concerns, or unpaid overtime violations. Within the last couple years, many California employees have filed unpaid overtime, wage and hour class action lawsuits.

Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. See if you qualify to take legal action now.